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07-133 - McDaniel v. U.S. Attorney General et al


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07-133 - McDaniel v. U.S. Attorney General et al
November 5, 2007
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ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Signed by Judge James E. Seibert on 11/5/07. (c to pro se petitioner, Judge)(cc) Modified on 11/5/2007 (cc, ). (sent by certified mail to prose petitioner)
December 7, 2007
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ROSEBORO NOTICE advising petitioner to respond to motion to dismiss within 30 days of entry of this order. Signed by Judge Magistrate Judge James E. Seibert on 12/7/07. (c to Judge, pro se petitioner by cert mail)(cc)
January 10, 2008
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ORDER denying Petitioner's 28 Motion to Appoint Counsel Signed by Magistrate Judge James E. Seibert on 1/10/08. (c to pro se petitioner, Judge)(cc)
July 3, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Kelvin Lorenzo McDaniel, recommending granting of 21 MOTION to Dismiss MOTION for Summary Judgment filed by Joe D. Driver, denial of14 MOTION to Amend/Correct filed by Kelvin Lorenzo McDaniel, and denial of 23 MOTION for Default Judgment as to MOTION for Summary Judgment filed by Kelvin Lorenzo McDaniel Signed by Magistrate Judge James E. Seibert on 7/3/2008. (soa)
September 17, 2008
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MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 39 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: Respondent's 21 Motion to Dismiss/Motion for Summary Judgment is hereby GRANTED; Petitioner's 23 Motion for Default Judgment/Motion for Summary Judgment is hereby DENIED. Petitioner's amended ccc claim are DENIED and DISMISSED WITHOUT PREJUDICE, with the right to re-file in the appropriate jurisdiction, and the remaining claims are DENIED and DISMISSED WITH PREJUDICE. This civil action is to be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is directed to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr. on 9/17/2008. (Copy to pro se Petitioner, counsel) (kac)